Madras High Court
J. Deepika vs The Commissioner Of Police on 13 June, 2022
Crl. O.P. No.10453 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13/6/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.10453 of 2022
J. Deepika ... Petitioner
Vs
1. The Commissioner of Police
O/o The Commissioner of Police
Greater Chennai City Police
No.132 E.V.K.Sampath Road
Vepery, Periyamet
Chennai 600 007.
2. State
rep by The Inspector of Police
R 5 Virugambakkam Police Station
Chennai 600 093. ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
direct the second respondent to register a case based upon the petitioner's
complaint dated 27/10/2021.
For Petitioner ... Mr.M.G.Ramachandran
For Respondent ... Mr.A. Gokulakrishnan
Additional Public Prosecutor
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Crl. O.P. No.10453 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second
respondent to register a case based upon the petitioner's complaint dated
27/10/2021.
2. The main allegation of the petitioner is that the respondents Police
have not taken any valuable action on her complaint dated 27/10/2021.
3. Heard Mr.M.G.Ramachandran, learned counsel for the petitioner and
Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the
respondents.
4. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the
respondent would submit that based on the complaint given by the petitioner,
enquiry has been conducted and the same is pending on the file of the second
respondent police.
5. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the
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Crl. O.P. No.10453 of 2022
Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench
in M.Subramaniam v. S.Janaki, reported in (2020) 5 CTC 464, after relying
upon Sakiri Vasu's Case, has categorically held that the High Court cannot
issue any direction for registration of FIR. High Court can intrevene only in
extraordinary circumstances and rare cases. However, taking note of the fact
that the complaint is now pending and not been enquired, the Investigation
Offier is directed to issue notice to the parties and conduct enquiry as directed
by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of
Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is
made out, the respondent police is bound to register the FIR otherwise they may
close the complaint. Such exercise shall be completed within a period of two
weeks from today.
6. With the above directions, this Criminal Original Petition is disposed
of.
13/6/2022
mvs.
Index: Yes/No
Internet: Yes
Speaking/Non-speaking order
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Crl. O.P. No.10453 of 2022
N. SATHISH KUMAR, J
mvs.
To
1. The Commissioner of Police
O/o The Commissioner of Police
Greater Chennai City Police
No.132 E.V.K.Sampath Road
Vepery, Periyamet
Chennai 600 007.
2. The Inspector of Police
R 5 Virugambakkam Police Station
Chennai 600 093.
3. The Public Prosecutor,
High Court, Madras.
Crl. O.P. No.10453 of 2022
13/6/2022
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